Israel's Response to U.N. Office of the High Commissioner for Human Rights
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(Communicated by the Permanent Mission of Israel to the United Nations in Geneva)
14 July 2014
I have read the OHCHR press briefing from Friday, 11 July 2014, and I reject it outright.
I
read it with a magnifying glass, looking for any combination of the
words "Hamas" and "condemn". I have failed to find it. In the efforts to
safeguard the human rights of Israelis, the UN High Commissioner of
Human Rights and her Office have failed dismally.
The
clarity of her message to Israel is in sharp contrast to the opaqueness
of her message to Hamas. She has put to shame George Orwell's
doublespeak. She refused, over and over, to acknowledge the fact that
Hamas is committing a double war crime: targeting Israeli civilians
while hiding behind Palestinian civilians. Israel, on the other hand, is
taking measures to avoid harming innocent civilians and to minimize
casualties. Hamas exploits Israel's policy by instructing its population
to act as human shields for its arsenal of deadly missiles and for its
leaders and terrorists.
I
react with total disbelief to the High Commissioner of Human Rights'
call made to "leaders on all sides" to "abandon their poisonous
rhetoric". Israel acted with utmost restraint when rockets started to
rain on its cities and villages following the abduction and killing of
Eyal, Gil-ad and Naftali, on June 12. Furthermore, Israeli leaders have
condemned the murder of Muhammad Abu Khder and the suspects to the
murder have already been arrested and await trial.
And
Hamas? Where is Hamas' condemnation of the perpetrators? Am I deaf? I
cannot hear strong voices of empathy and condolences to the families of
the youths, or condemnation of the deed itself. I believe I have perfect
hearing, yet I hear nothing. I only hear Hamas celebrating the landing
of missiles on the homes of Israeli civilians.
The
UN Office of the High Commissioner for Human Rights is misguided. The
High Commissioner has lost her bearings. Focusing her criticism on
Israel is wrong, biased, unjustifiable and, ultimately, unhelpful. If
she actually wanted to be helpful in this situation, she would have
condemned Hamas in the strongest manner.
So, once again, let me make the realities on the ground crystal clear:
Hamas
- an internationally recognized terrorist organization - deliberately
embeds its military operations deep in residential areas, and exploits
its own civilian population as human shields. These actions are war
crimes. Many of Hamas' commanders use their own homes for military
purposes - including weapons storage, command and control centers and
military communications. In videos uploaded to the IDF's YouTube
channel, secondary explosions can be seen following IDF attacks on some
of these houses - clearly indicating their military use. Under
international law, when the exploitation of residential houses makes an
effective contribution to Hamas' military actions, these buildings
clearly become legitimate military targets.
When
attacking these lawful targets, the IDF makes every effort to ensure
such attacks are proportionate and to minimize any unavoidable civilian
harm. The IDF has no desire to harm civilians, and is acting solely to
weaken Hamas terrorist infrastructure and safeguard our civilians.
The
IDF conducts its operations in full accordance with international law.
IDF commanders are trained in international law and legal advisors are
embedded at the highest level of the chain of command. The IDF employs a
range of tools - including distributing flyers, personalized phone
calls and text messages - to warn people in the vicinity of an impending
attack.
Instead
of raising doubts regarding Israel's commitment to the rule of law, the
High Commissioner and her Office should be questioning why Hamas
deliberately embeds its military operations in residential homes and
civilian areas. A terrorist organization that uses its civilian
population as human shields, and deliberately fires at the Israeli
civilian population, is conducting war crimes - and should be denounced
for doing so.
I
believe the High Commissioner's concerns for the implementation of
Israel's 'Operation Protective Edge' have been fully answered. Her
responsibility now is to condemn Hamas and to call on President Abbas to
dissolve the Fatah-Hamas "unity government" pact, as well as to support
Israel's right to defend itself.
This is the only way to achieve peace in our region.
Eviatar Manor
Ambassador
Permanent Representative
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